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RTBU - PacNat Member’s
Intermodal Train Crew
General Newsflash! 1
February 1, 2007.
New Agreement Now Operative:
Members will be aware the new Intermodal Train Crew Agreement has been lodged with the Office of Employment Advocate and the provisions are being implemented. As is often the case in these matters, early stages of the implementation of the Agreement have thrown up some interesting challenges for both members and the company. We have recently encountered some issues which will require ‘ironing out’. Below is a report to members outlining these issues and the outcomes of discussions between the RTBU and Pacific National.
Advising and Recovery of Undertime:
This matter was raised as a result of some members being rostered for undertime recovery shifts which were not through the posting of the Working Roster and/or the affected employee had not been advised of the undertime they owed, if any.
Following recent discussions between the RTBU and Pacific National Intermodal East-West and North-South corridor managers this issue has now been resolved.
- Train Crew employees must be informed they owe Undertime before Drivers can be rostered on an undertime recovery shift. Whilst this would normally occur via advice on your pay slip, there will be occasions where the company may seek to recover undertime within the duty cycle it was incurred in. In this circumstance there is an agreement between the parties that it is the responsibility of Pacific National to notify the affected employee of the amount of undertime they owe by placing an advice notice in the employee’s file prior to the posting of the Working Roster.
- Undertime must have been incurred before a driver can be rostered for an undertime recovery shift. Therefore No Undertime Debt = No Requirement to Work on your Blank Days, unless you agree to do so.
- Similarly any undertime shift rostered cannot exceed in length the undertime owing, i.e. if an employee owes 5 hours undertime, agreement with the employee must be obtained before being rostered on say a 9 hours shift. If the employee were to agree in this example, the first 5 hours is eliminates the accrued undertime and the remaining 4 hours becomes overtime.
- Undertime recovery shifts must be posted on the working roster, (at least 9 days prior to the undertime recovery shift). Pacific National may request an employee to work an undertime recovery shift with less notice, but this can only occur with the agreement of the affected employee.
MEMBERS ARE STRONGLY ADVISED TO KEEP THEIR OWN ACCURATE RECORDS OF HOURS.
Rostered Off on Public Holidays:
This matter was raised following the treatment of some Public Holidays over the Christmas period. It is fair to say neither party raised the issue during the negotiation process.
The problem came about when it was revealed employees who were previously rostered to work on a Public Holiday (i.e. scheduled to work on the master roster) were subsequently rostered off through the posting of the Working Roster, due to the cancellation of services. The Agreement states that in the case of an employee being rostered off on a Public Holiday, and additional 7.6 hours is to be credited to the Annual Cycle hours. This clause was agreed on the basis of the employee being rostered off on the Master Roster. The clause, and negotiations, did not anticipate the circumstance where an employee was rostered on for a Public Holiday but then rostered off through the posting of the Working Roster.
Subsequently, the employees affected by this circumstance were having the additional 7.6 hours credited to the Annual Cycle AND being told they now owed undertime for the length of the cancelled shift. The RTBU argued this was not fair and in fact resulted in the company ‘double dipping’. If this practice were to remain in place the employee would have been disadvantaged in 3 ways. They would lose the additional 1.5 for all hours worked on the Public Holiday because they were now rostered off, they would owe an undertime shift and they would potentially lose the additional 7.6 hours at the end of the Annual Cycle if they owed any undertime.
The matter was discussed at length with Pacific National and to their credit they agreed to the proposal of the RTBU in the interest of fairness. It was refreshing to witness a new attitude from the company, who were prepared to listen to your union (a delegation of both delegate and official) to find a fair solution to this anomaly. The agreed outcome is detailed below for your information.
- Where an employee was rostered to work on a Public Holiday as defined in the Master Roster, and subsequently through the posting of the Working Roster the employee is shown as rostered off, 7.6 hours will be credited to the Duty Cycle the Public Holiday occurs. If the shift would have involved working into, or out of a public holiday, the hours within the public holiday are credited to the Duty Cycle.
- In the circumstance where a shift is cancelled after the posting of the working roster, alternative work may be provided within the lift up & lay back period. Anything outside of this is by agreement of the employee and penalty payment of 1.7 will be applicable. The details of the treatment of the hours of the cancelled shift after the posting of the Working Roster are dealt with in Attachment 1, clause 3 of the new Agreement.
Any undertime recovery shift must be through the posting of the Working Roster. Pacific National cannot cancel a shift and demand that you come in outside of lift up/ lay back, (or the next day) simply because an employee owes undertime.
- If an employee is rostered off on a Public Holiday on the Master Roster, the additional 7.6 hours will remain to be credited to the Annual Cycle hours.
Maximum Shift Lengths:
It has been reported to the RTBU that in some locations management may be abusing the intention of the clause referring to employees working up to the maximum 12 hour shift limit. In order to clarify the circumstances of 12 hour maximum shift limits, and the circumstances in which they should occur, please see the following.
- Where 2 drivers are rostered with both being qualified, as defined by the Agreement, with the exception of the circumstances in point 2 below, a maximum of 11 hours from sign on to sign off applies.
Under this circumstance 11 hours is the maximum rostered shift limit. The employees in this example can work up to a maximum of 12 hours to complete assigned tasks (line haul only) due to unavoidable necessity.
The definition of “unavoidable necessity” has been well defined and agreed by the parties as;
“A practically inescapable circumstance necessitating the working to be adopted to avoid,
if possible, serious dislocation to the train services. The working of extended hours in these
circumstances is subject to the crews’ indication of their fitness to continue and employees
may decline to perform safeworking duties after having completed twelve hours from sign on.”
The above is quite clear when it says “to avoid, if possible, serious dislocation to the train services” and “the working of extended hours in these circumstances is subject to the crews’ indication of their fitness to continue”.
- The exception to the above is in the circumstance where an employee is working on an agreed 12 hour corridor, as defined in the Agreement.
Pacific National does not have the right to have a pre-meditated expectation an employee is to work up to the maximum 12 hours before departure or when the employee is signing on. It is for occurrences en-route where, by not asking the crew to extend to 12 hours “a serious dislocation to train services” will occur. Even then the employee can refuse if they genuinely fel they are not fit to continue.
Further Information:
There are currently a number of matters delegates have sought further information / clarification on. As we work through those matters members will continued to be advised through future Newsflashes. If you have any questions or queries regarding the Agreement you should contact your local delegate, your State Branch or the National Office.
Newsflash!@Home:
If you would like to receive future information to your personal home email please email Greg Harvey at gharvey@rtbu-nat.asn.au with your name, your location, your classification and your email address and you will be added to the email list.
Your Rights At Work…..
Worth Fighting (And Voting) For!!
Issued by; Greg Harvey, RTBU National Organiser.
Authorised by: Robert Hayden, RTBU National Secretary, 83-89 Renwick St, REDFERN NSW 2016.
Ph: (02) 9310 3966; Fax: (02) 9319 2096. E-mail: rtbu@rtbu-nat.asn.au
Web: www.rtbu-nat.asn.au February 1, 2007
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